Menifee Zoning Code Ch. 9.87 SB 35 Multi-Family Ministerial Review

Contents:

9.87.010 Purpose

9.87.020 Applicability

9.87.030 Application and Required Fees

9.87.040 Approving Authority

9.87.050 Public Hearing and Notice

9.87.060 Standards of Approval

9.87.070 Findings for Approval

9.87.080 Notice of Decision

9.87.090 Effective Date

9.87.100 Appeals

9.87.110 Expiration

9.87.120 Extension of Time

9.87.130 Modifications

(2022-338, 04/06/2022)

This chapter establishes procedures for the review and approval of a Senate Bill 35 (SB35) Multi-Family Ministerial Review Permit for multi-family residential projects that provide a minimum number of lower income housing units toward meeting the City’s housing goals and housing needs of the community and which qualify for a streamlined ministerial review under SB35, in compliance with Government Code Section 65913.4.

Effective on: 5/6/2022

An SB35 Multi-Family Ministerial Review Permit applies to multi-family residential development on infill sites that provide a required number of units affordable to lower income households (i.e., households with incomes below 80% of the area median income (AMI)). To qualify, the project must meet the following criteria:

1. The development must be multifamily housing as defined in Section 102(o) of the Department of Housing and Community Development’s (HCD) SB35 Streamlined Ministerial Approval Process Guidelines.
2. The units can be offered for rental or for-sale.
3. At least two-thirds of the square footage of the development shall be designated for residential use.
4. The development must be consistent with the City’s adopted Objective Design Standards in effect at the time of submittal and incorporated herein by reference.
5. The site of the development must comply with all of the requirements of Section 401, Site Requirements of HCD’s SB35 Streamlined Ministerial Approval Process Guidelines.
6. A minimum of 10% or 50% (percentage based on HCD’s most current SB35 Statewide Determination Summary for the City of Menifee), of the total units in the development, calculated prior to any density increase, must be affordable to lower income households (80% Area Median Income or lower) in accordance with Section 402, Affordability Provisions of HCD’s SB35 Streamlined Ministerial Approval Process Guidelines.
7. The development must comply with all of the labor provisions of Section 403, Labor Provisions of the SB35 Guidelines.

Nothing in this Chapter 9.87 shall be deemed to supersede any provisions of Government Code Section 65913.4, any SB 35 Guidelines established by HCD, or any other applicate State law provisions as they may be amended.

Effective on: 5/6/2022

1. Notice of Intent to Submit. Before submitting an application for a streamlined, ministerial approval process, the development proponent shall submit a notice of its intent to submit an application, to the City of Menifee Community Development Department. The notice of intent shall be in the form of a preliminary application that includes all of the information described the City’s SB35 Eligibility Checklist and Notice of Intent to Submit Preliminary Application Form.

2. AB 168 Tribal Consultation. Within 30 days of receiving a notice of intent to submit an application, the City will provide formal notice to each California Native American Tribe that is traditionally and culturally affiliated with the geographic area of the proposed development and engage in a scoping consultation regarding potential effects the proposed development could have on a potential tribal cultural resource. A proposed project would be ineligible for the streamlined, ministerial approval process, and subject to the California Environmental Quality Act (CEQA) if:

3. the site of the proposed development is a tribal cultural resource that is on a national, state, tribal, or local historic register list;

4. the City and the California Native American tribe do not agree that no potential tribal cultural resource would be affected by the proposed development; or

5. the City and California Native American tribe find that a potential tribal cultural resource could be affected by the proposed development and the parties do not document an enforceable agreement regarding the methods, measures, and conditions for treatment of those tribal cultural resources, as provided.

6. Application Filing and Processing. Applications for an SB35 Multi-Family Ministerial Review Permit shall be filed and processed in accordance with Chapter 9.30 (Common Application Processing Procedures).

7. Application Fees. Application fees shall be collected in accordance with Section 9.30.020 (Applications and Fees).

Effective on: 5/6/2022

Applications for an SB35 Multi-Family Ministerial Review shall be reviewed and approved by the designated approving authority as specified in Table 9.30.090-1 (Designated Authority for Permits and Approvals). The designated approving authority is authorized to approve, alter, or deny an application for an SB-35 Multi-Family Ministerial Review Permit.

Effective on: 5/6/2022

No public hearing is required prior to action on an application for an SB35 Multi-Family Ministerial Review Permit.

Effective on: 5/6/2022

An application for an SB35 Multi-Family Ministerial Review shall be considered and approved ministerially, without discretionary review or a hearing. The approving authority shall determine consistency or inconsistency with the City’s adopted Objective Design Standards and act on the application within the following timeframes from the date the City receives a completed application:

1. Within 60 calendar days of submittal of the application if the development contains 150 or fewer housing units.
2. Within 90 calendar days of submittal of the application if the development contains more than 150 housing units.
3. Documentation of inconsistency(ies) with objective standards must be provided to the development proponent within the timeframes indicated above as applicable. If such documentation is not provided within these timeframes, the development shall be deemed to satisfy the objective planning standards for purposes of the Streamlined Approval Process.

Effective on: 5/6/2022

Prior to approving an application for an SB35 Multi-Family Ministerial Review, the approving authority shall make all the following findings:

1. The project is consistent with the adopted General Plan.
2. The project meets all applicable standards of the Development Code and adopted Objective Design Standards incorporated by reference.

Effective on: 5/6/2022

Written notice of decision shall be provided within three business days of the date of decision to the applicant and interested parties having requested such notices in writing. The Notice of Decision shall include:

1. The application request as acted upon by the Director.
2. The action taken by the Director.
3. Findings as listed for the permit.

Effective on: 5/6/2022

An SB35 Multi-Family Ministerial Review Permit shall become effective on the date an approval is issued by the approving authority.

Effective on: 5/6/2022

An SB35 Multi-Family Ministerial Review Permit is not subject to appeal since it is ministerial.

Effective on: 5/6/2022

As established in Section 301(d) of the Department of Housing and Community Development’s (HCD) SB35 Streamlined Ministerial Approval Process Guidelines (SB35 Guidelines), expiration timeframes for an approved SB35 Multi-Family Residential Permit are as follows:

1. If the project includes public investment in housing affordability, beyond tax credits, where 50 percent of the units are affordable to households making at or below 80 percent of the AMI, then that approval shall not expire.

2. If the project does not include public investment in housing affordability (including local, state, or federal government assistance), beyond tax credits and at least 50 percent of the units are not affordable to households making at or below 80 percent of the AMI, that approval shall remain valid for three years from the date of the final action establishing that approval, or if litigation is filed challenging that approval, from the date of the final judgment upholding that approval. Approval shall remain valid for a project provided that vertical construction of the development has begun and is in progress. “In progress” means one of the following:

3. The construction has begun and has not ceased for more than 180 days.

4. If the development requires multiple building permits, an initial phase has been completed, and the project proponent has applied for and is diligently pursuing a building permit for a subsequent phase, provided that once it has been issued, the building permit for the subsequent phase does not lapse.

5. The development may receive a one-time, one-year extension if the project proponent can provide documentation that there has been significant progress toward getting the development construction ready, such as filing a building permit application.

Effective on: 5/6/2022

An SB35 Multi-Family Ministerial Review Permit may be extended in accordance with Subsection 9.30.110.C (Permit Extensions).

Effective on: 5/6/2022

Modifications to an approved SB35 Multi-Family Residential Permit shall be processed as a new application.

Effective on: 5/6/2022